Man who pleaded guilty to assault and false imprisonment in Saggart and Rathcoole to be sentenced

Victim said he thought his life was in 'real danger' during 2015 ordeal

18 Apr 2018

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A man who pleaded guilty to assault and false imprisonment will be sentenced next week by the Special Criminal Court.​

Last month, at the three-judge, non-jury court, Daniel Kane (29), of Hollycourt in Ballybrack, County Dublin, pleaded guilty to assaulting John Roche, causing him harm, at The Towers, Garter Lane, Saggart, County Dublin on June 9, 2015.

He also admitted falsely imprisoning Martin Byrne at Rathcoole and Saggart on the same date.

​Today, Wednesday, April 18, Detective Sergeant Maeve O'Sullivan ​summarized the facts of the case. She told prosecution counsel Caroline Cummings BL that​ M​artin Byrne was employed in security ​in CityWest, and that he had​ previously worked for ​his employer's father​.​

Mr Byrne and his family lived in a town-house in ​a​ complex called The Towers, owned by his employer, the court heard.​

​The​ business operated by ​his employer's​ family​ was involved in legal proceedings with NAMA.​

​In May 2015 Mr Byrne went to a meeting with his employer at Keatings Business Park. Two other men were there.

​The court heard they discussed "transactions being contemplated in relation to land", owned by Mr Byrne's employer and "heavily involved with NAMA".

Mr Byrne was not happy to be at the meeting​ and it came to an "abrupt end"​.​

​A second meeting was arranged. Mr Byrne was brought to an office with his employer and another man, Declan Duffy, and he was told he "wouldn't be as brave now".

Duffy called out, "Lads, come on up​", and five more men entered the office​.​

Mr Byrne was told he had to vacate The Towers​. He said that if he was given 24 hours he would remove his belongings and family from the house and they would have no further dealings.

​But Mr Byrne was told he would be taken back to The Towers and was​ s​urrounded by the men​, p​ushed to side of building​ and his​ pockets ransacked​.

The defendant, Daniel Kane, was one of​ the​ people who grabbed him from behind​, the court heard.​

​Mr Byrne was forced into a Honda Accord, where Kan​e struck him twice in left side of the face​ and ​told the other men if Mr Byrne tried anything they were to bring him to the ​"​other place​".​

Mr Byrne thought his life was in "real danger"​.​

They drove to The Towers​ ​and J​ohn Roche came to​ the gate. He was asked to open ​it ​but refused to and ran into the complex​.​

​However, Mr Byrne knew a "trick" for opening the gate​ without a buzzer and they drove into the complex. ​

His wife ​was in number 5​, wearing a nightgown. She went upstairs to get dressed and was followed by one of the men who looked at her while she got dressed.

​Meanwhile, some of the other men went to look for Mr Roche​ and found him in number ​7. They f​orced him from ​the premises and assaulted him on the ground​.​

His blood was later found on Kane's trousers​.​ CCTV footage ​of the assault was ​shown to court​.​

Kane​ was seen​ holding Mr Roche in a headlock​ before pinning him to the ground​ while the other men punched​ and kicked him​, with Kane ​also punch​ing Mr Roche.

The men ​then ​returned to number 5 and took Mr Byrne to number 7, where he saw Mr Roche, covered in blood, "going in and out of consciousness​".​

​Mr Byrne​ asked Kane if the assault had been "necessary"​ and Kane replied that "at least Mr Roche was going to hospital but when they finished with [Mr Byrne] he wouldn't have to go to hospital​".​

He was then pushed to a chair and struck several times to his head​.​

Meanwhile, another car​, driven by a garda, had arrived at the complex. Mr Byrne convinced the men he would be able to get the guard to leave​.

Outside, his​ w​ife​ was "hysterical​" and​ trying to climb into the back of the ​garda's ​car​.​ Other gardai ​were notified​ and all but one of the men ran from the complex​.​

Kane ​was later located in Lemongrass restaurant​ on the outskirts of CityWest.​

​Under cross-examination, Det Sgt O'Sullivan agreed with​ Patrick Gageby SC, for the defendant, that Kane had arrived in​ his ​sister's car and that a​ number of his documents, including ​his social welfare card, ​were in the car​.​

Mr Gageby submitted that mitigating factors were that Kane did not believe he was going out to commit a crime and that he "not the main mover in any way in the arrangement of this matter".

The barrister said that because he had driven there in his sister's car and had left his documents in the car it was "inconceivable" he was out intending to take part in serious crime.

Kane was remanded in custody until April 27, when he will be sentenced.

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